Plaintiffs Failed to State Viable Cause of Action against Doctor, Research Clinic

HOUSTON - A federal judge refused to remand a Vioxx-related injury case involving nearly 90 plaintiffs after finding that they failed to state a viable cause of action against a doctor and clinic where premarket research was conducted. Myrtle Louise Bell, et al. v. Merck &Co., Inc., et al. No. H-03-3448 (S.D. Texas, Houston Div.).

U.S. District Judge Kenneth M. Hoyt's one-page Jan. 30 order stated that remanding the case was not warranted because the plaintiffs did not assert claims against any local physicians outside the clinical study.

The plaintiffs, led by Myrtle Louise Bell, allegedly suffered cardiac injuries as …